8.—(1) Subject to paragraph (3), a person who has received a penalty notice under regulations 5 or 6(3) may appeal the financial penalty to the High Court or, in Scotland, the Court of Session on the grounds mentioned in paragraph (2).U.K.
(2) The grounds referred to in paragraph (1) are that the decision to impose a financial penalty or the level or type of financial penalty—
(a)is unlawful;
(b)is irrational or unreasonable; or
(c)has been made on the basis of a procedural impropriety or otherwise contravenes the rules of natural justice.
(3) No appeal may be brought unless the permission of the court has been obtained.
(4) No application for such permission may be made after 28 days beginning on the day after the date of the penalty notice unless the court is satisfied that there was good reason for the failure of the applicant to seek permission before the end of that period.
(5) An applicant who seeks permission to appeal must serve written notice of the application on the registrar within 7 days beginning with the date on which the application for permission was issued.
(6) The court determining an appeal may—
(a)dismiss the appeal;
(b)vary the amount the financial penalty;
(c)change the nature of the financial penalty between a fixed penalty, a daily rate penalty or a combination of a fixed penalty and a daily rate penalty; or
(d)quash the financial penalty.
Commencement Information
I1Reg. 8 in force at 23.6.2023, see reg. 1(1)